the hands of the Hong Kong government, but that it has failed to
do so either because of (1) decisions which it has taken in its
and/or (2) defects in the
conduct of the proceedings
which it has
adopted.
The problem has been
procedures
particularly
proceed
exacerbated by its decision, as set out below, to first
against Tan in the WestLB trial prior to the BMFL trial.
TAN PROCEEDINGS- WESTLB TRIAL
19. Tan was
arrested
on 7th December 1985 and charged with 23
charges in the BMFL matter.
20. On 5th July 1988, Tan was
further arrested and charged
with 6 offences of corruption in connection with advantages
allegedly
charges").
given to an executive of West Landesbank ("the West LB
21. On 3rd
offences
November 1989, Tan was charged with 2 further
of corruption in connection with advantages allegedly
given to an executive of Barclays Asia Limited (" the Barclays
Asia charges").
Asia charges
22.
On 24th April 1990, the West LB and Barclays
were transferred to the District Court of Hong Kong.
to
23. Representatives of the Attorney General's chambers initially
indicated to Tan's advisors their view that it would be wrong
proceed with the WestLB charges given the pendency of the BMFL
12